'Congress enacted the Clean Water Act to create a federal system for pollution control. But Congress wanted that federal system to leave room for the states as well. That’s why the CWA encourages 'cooperative federalism,'' Berry & McKinney write.
The EPA says the Clean Water Rule would protect streams and wetlands that impact water quality and would more precisely define waters protected by the Clean Water Act. ongress enacted the Clean Water Act to create a federal system for pollution control. But Congress wanted that federal system to leave room for the states as well. That’s why the CWA encourages “cooperative federalism” between federal and state enforcement.
Dakota Finance, doing business as Arabella Farms, is a family‐owned South Carolina working farm. While preparing the property, Arabella cleared land for construction, believing the construction was covered by an agricultural exception to the CWA. The South Carolina Department of Health and Environmental Control investigated the farm for stormwater discharges over the course of a year, and eventually the Department issued a “Notice of Violation.
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